SACRAMENTO, California. — SACRAMENTO, Calif. (AP) — California will phase out some ultra-processed foods from school meals over the next decade under a first-in-the-nation law signed Wednesday by Gov. Gavin Newsom.
The law seeks to define ultra-processed foods, often super-tasty foods typically full of sugar, salt and unhealthy fats. The legislation requires the state Department of Public Health to adopt rules identifying “ultra-processed foods of concern” and “restricted school foods” by mid-2028.
Schools must begin phasing out these products by July 2029, and districts will be prohibited from selling them for breakfast or lunch by July 2035. By 2032, retailers will be prohibited from supplying “problematic products” to schools.
Newsom, accompanied by first partner Jennifer Siebel Newsom and state lawmakers, signed the document at a Los Angeles high school.
“California never waited for Washington or anyone else to take the lead on children's health—we have been ahead for years, removing harmful additives and improving school meals,” Newsom said in a statement. “This first-in-the-nation law builds on that work to ensure every California student has access to healthy, delicious food that will help them thrive.”
Earlier this year, Newsom issued an executive order requiring the Department of Health to provide guidelines by April to limit the harms of ultra-processed foods. Democratic governor signs bill into law in 2023 ban on some synthetic food colors from school meals.
In recent months, legislatures across the country have introduced more than 100 bills seeking ban or require labeling of chemicals which many ultra-processed foods are made from, including artificial colors and controversial additives.
Americans get more than half of their calories from ultra-processed foods, which are linked to a host of health problems, including obesity, diabetes and heart disease. However, studies have failed to prove that these foods directly cause chronic health problems.
Defining ultra-processed foods has been challenging. The most common definition is based on the four-tier Nova system developed by Brazilian researchers, which classifies foods based on the degree of processing they undergo.
Researchers often describe ultra-processed foods as foods containing industrially produced ingredients that you won't find in your home kitchen.
But some highly processed foods—such as tofu, some whole-grain breads, and infant formula—may have health benefits. And it's unclear whether it's the processing of foods or the combination of nutrients like sugar, fat and salt that leads to the bad health effects.
US health officials recently moved to develop a federal definition of ultra-processed foods, saying there are concerns about whether current definitions “accurately reflect” the range of foods that can affect health.
Some critics of the ban say it is too broad and could unintentionally limit access to nutritious foods.
“For food served in schools, food and beverage manufacturers meet strict, unique safety and nutrition standards set by the USDA and government agencies,” said John Hewitt of the Consumer Brands Association. He added that the brands the association represents are committed to “providing safe, nutritious and convenient” products.
The California School Boards Association is concerned about the cost to districts of eliminating these products over the next few years. There is no additional money attached to the bill.
“You are borrowing money in other areas where this new mandate needs to be paid for,” said spokesman Troy Flint.
The legislation could increase costs for school districts by an unknown amount, potentially forcing them to buy more expensive options, according to a Senate Appropriations Committee analysis.
Some school districts in California are already phasing out the foods the law seeks to ban.
Michael Jochner worked as a chef for many years before accepting the position of director of student nutrition for the Morgan Hill Unified School District about eight years ago. He fully supports the ban.
“It was during COVID that I started thinking about where we source our products and go to those farmers who are also struggling,” he said.
They now don't serve any ultra-processed foods, and all of their products are organic and produced within about 50 miles (80 kilometers) of the area, Yochner said. He said they have eliminated sugary cereals, fruit juices and flavored milk from their menu, as well as deep-fried foods such as chicken nuggets and potato cutlets.
Many of their dishes are made from scratch or semi-homemade, including a dish that has long been a staple of U.S. school cafeterias: pizza.
Pizza is also a popular option for students in Western Placer Unified northeast of Sacramento, where food services director Christina Lawson has spent the last few years introducing more made-from-scratch items to school menus.
She estimates that up to 60% of school menus in the district consist of made-from-scratch items, up from about 5% three years ago. They're also buying more ingredients locally to make a variety of dishes, including buffalo chicken quesadillas using tortillas made in nearby Nevada City.
“I'm very excited about this new law because it will give us even more opportunities, even more diversity and even better products that we can offer our students,” Lawson said. “Because diversity is the number one thing our students are looking for.”
Dr. Ravinder Khaira, a Sacramento pediatrician who supports the law, said at a legislative hearing that the ban would help respond to a wave of chronic illnesses in children caused by poor nutrition.
“Children deserve meaningful access to food that is nutritious and supports their physical, emotional and cognitive development,” Khaira said. “Schools should be safe havens, not sources of chronic disease.”
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Associated Press health writer JoNel Alessia in Temecula, California, contributed.
